[kennaltro]

I didn't know where else to out this. So you.
OK I was driving around a corner and then this lady pulled out in frint of me when I was only 120 feet away. I was going the speed limit at 35. I slammed on my brakes and tried to turn to the right to aviod the car. But I clipped her back bumper. So her reason was she couldn't see because the sun was in her eyes and didn't see me at all. My car has way more damage that hers. But she is like 70 yars old at least. I thought she saw me coming but apparently not. So who is to blame. If I knew she was going to go I would have stopped. But she waited until I was right there to go. I stopped and the first thing I did was make sure she was OK. That was my first instinct.
But then a highway patrol comes up and just asks if we traded info and then says it's a no fault accident. He doesn't even write a report. He just leaves. So I was wondering if you guys can give me your inputs.
Thanks...

[JudyKayTee]

Where did she pull out from (street, driveway) and did you have a traffic control device (signal, stop sign)?

No fault refers to insurance, not the type of accident, so I have no idea what the Police are talking about. When two cars hit each other SOMEBODY - and possibly both parties - is at fault.

Need more info - what did your insurance company say?

[kennaltro]

She was pulling out from a church. And it happen about 730 pm. And my cousin is the one that is supposed to call the insurance and she didn't tonight so I am going to make sure she does the first thing in the morning...
What I'm thinking is the insurances are going to look at the ages and say it was clearly his fault because he is younger. I'm 19. But that should not be the case. Mi not syaing its anyone's fault. The sun here is right in your eyes a that piont of the day and I believe her that she didn't see me. But I didn't nothing wrong I treid to stop fast enough and to aviod her car. It just didn't work out that way .

[ScottGem]

The driver pulling out of a driveway has to yield to any cars in the road. However, the fact that you hit her back bumper might be taken to indicate that she had time to pull out.

Basically at this point you file a claim and see what the insurance carriers say. Its likely it may be considered 50-50 in which case, your company covers the repairs under the collision coverage. And her company reimburses you for half the deductible under her liability coverage and vice versa.

[kennaltro]

I hit the back bumper because I turned away. Hse stopped in the middle of the road when she saw me. Half her car was in the opposite lane and the other half in my lane... what was I supposed to do? Why did she stop? She might have avoided it by just keep going.

[ScottGem]

Ok, so you explain that to the claims adjuster. If you want, file a claim against her carrier and not yours.

I had an accident situation a few years back where a car was rounding a curve on a snowy day coming towards me. I pulled over as far as I could and stopped, but he still lost control and sideswiped me. I took his insurance info and filed a claim directly with his carrier. Never even got my carrier involved. Of course, it helped that he admitted his fault to his insurer.

[kennaltro]

She is not going to admit that to her insurer. I coud tell the wasy she was acting. And she had about15 people around her sying it wasn't her fault. So I don't know how that is going to play a part in this.
So I call her insurer first?
I have never had to do anything like this before. I'm usually good at avoiding things like this.

[ScottGem]

You can try calling her insurer first. See what happens.

[kennaltro]

OK... thanks for your words.